Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-06-06
The Court I'm General Term So Decides
TODAY.
THE CASES AGAINST MEssRs. STAMFORD AND CoCH-
RAN FAIL.

An Soe CVuft IN G6nef0k Teftn-Shiet JuSttc6
hingham and Judges James and Merr1ck on the
Dench-this morning, the case OF Harry Standi-
ioro, the druggist on the corner Of 9th and F
streets before the court on habeas corpus, was de
cided by sustaining the writ and discharging the
petltloner. The chief justice briefly noted the
aVefments OF the petitioner that he was arrested
Ior an alleged violation OF the law OF November,
1854, and having been fined was committed into
the custody OF the intendent OF the asylum; that
no raised the point that the ordinance cited had
never become law, owing to the failure OF the
mayor 10 amx his signature thereto, and that the
councils had not subsequently acted on the bill
he aAso read the return, in which the point Is
mace that, although the act was not approved, 1t
t,oSs no1 returned by the mayor with his objec-
was therefore, did this ordinance become a
law! It had been argued that the duties OF the
mayor IN respect to the approval OF acts
The court, however. did not think that such was
the case, for the absence Of clause in the charter
res9n m Gan act to la w
70 De Inc result OF accident. There was no proof
SnaI tne ordinance had become law; that 1t had
5nereDy become law, and the petitioner must be
y, NJ Moore called attention to the case Of Mr. G..
W; SocnTan, the tObacconfst and the chief justice
SAD That the same order would be made In that
case.
Mr.. Davis asked II he understood the court that
~ was requisite that the District should show that
the ordinance had been signed by the mayor, or
ta aad 1t had become law by being passed over
Inc Chief justice replied in the Affirmative.
WHAT THE ATTORNEYS SAY.
MT. II. E. Davis, assistant attorney for the Dis
trict, SAID 70 STAR reporter, after the opinion
was announced to-day, that he did not know what
course the District authorities would take. He
District Commissioners and he supposed they
would decide after that on some course OF action.
Inere Were, ne said variety OF other Sunday laws
that they might decide to act under.
Assistant Attorney Padgett, who has charge of
the prosecutions in the Police Court, said he did
not know yet what course would be taken.
viii you not try to enforce the law OF 1887
asked The STAR reporter.
"rhat is the supposition," said Mr. Padget, 'but
Tue matter mas not yet been considered"
WHAT MAJOR MOORE SAYS.
Major Moore, superintendent OF the police, said
this afternoon that he had not yet heard Of the
opinion officially. II heard Of it on the street, "
remarked the major, laughing. somebody called
OUT 70 me In Jeerfng way and asked what about
them 3as ~ Major Moore speaking Of the
was no doubt that it was properly ap-
proved. It was, he said more comprehensive
ana rigid than the law OF 1864 for 1t Included all
storeS In lts operations, not excepting druggists.
THE LAW OF 1S43.
lions to govern the sale OF liquor. goes to say:
Sand all keepers OF stores confectioneres &C.. are
hereby required to keep their usual places Of bust
ness closed on sunday during the entire day and
evening, and for the first violation OF any OF the
requirements OF this act the person so offending
snail be fined not less than ten nor more than
twenty dollars, and for the second offense like
fine and forfeit their license, which shall be an
nulled by the mayor"
This ordfn ance is duly signed by Benz. B
French, president OF the board OF common council
JAS. Adams, president of the board Of aldermen,
ana approved by Mayor w. w. SeatOn, November
I, 1S43. The first part Of this law regulating the
sale OF liquor, it is claimed, has been superseded
by later legislation.
MI. c. S. Moore, who represented the petitioners
IN the habeaS corpus case, said to STAR reporter
that, II the authorities undertook to continue
prosecutions under the law OF IS43, counsel would
have to overthrow that law, too.
COMMISSIONER WEBB,
when seen by STAR reporter this afternoon, had
not seen or heard the points OF the opinion OF the
court. "What 1 care for most" he said, srs to
stop the sale OF liquor on sunday. 1 think that If
we can stop that the other things viii follow. We
have succeeded very we'll in suppressing the sale
OF liquor on Sunday by enforcing the rule depriv-
Ing liquor dealer OF his license upon conviction
Of violation OF the Sunday law.
This opinion, as understand, does not AFFECT the
our best to make the Sabbath day one OF quiet.
Mr.. Webb said the commissioners had not yet con-
Sidered the matter or decided any course Of ac-
ton. When asked whether the Commissioners
would undertake to enforce the law or 1S43, the
Commissioner expressed the opinion that that law
was valid 81 suppose" he said "there will be
great pressure on US TO enforce that law. The
Knights OF Labor, the bakers, the 1ceInen and
Others who want places closed, so that worklnen
can have day Of rest, will probably want us to
RtCtn (<,uun III Ion